Understanding Legal Systems: Natural, Positive, & Civil Law
Classified in Philosophy and ethics
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Legal System and Standards
Natural Law Defined
In any society, coexistence necessitates order; without it, life is impossible. Natural law refers to a set of rules that embody the ideal of justice (the "duty to be").
Positive Law: Governing Principles
Unlike natural law, positive law refers to a set of standards that are not left to the free will of individuals but are imposed coercively. A right is considered positive because it governs at a particular time, meaning it is currently in force. For example, the Civil Code of 1889 is considered positive law because it remains in effect.
Theoretically, positive law should be guided by natural law, developing its principles while considering the specific circumstances of time and place. The correlation... Continue reading "Understanding Legal Systems: Natural, Positive, & Civil Law" »